Committees:

Presenter:
Joedy Gray

I.
Discussion: Staff
is proposing new §§69.75
and 69.77 concerning
Health Certification
of Native Shellfish.
The proposed new sections
are intended to protect
wild native populations
of shellfish from depletion
due to disease introduced
from cultured native
shrimp stocks.

Proposed new §69.75
will add the definitions
for the terms "disease," "disease-free," "private
facility," "waste" and "water
in the state." Proposed
new §69.77 will
require immediate notification
of the Department and
disease testing in the
event of mortalities
in cultured native shellfish
stocks, and will provide
for quarantine of pathogen-infected
cultured native shellfish.

The new rules were proposed
under the Texas Parks and
Wildlife Code, §61.052(b), §61.055,
and §77.007. Because
of occurrences of White
spot disease in native shrimp
stocks utilized for aquaculture
purposes in the state, and
the potential for escapement
of these stocks, the Commission
has determined the need
for a proclamation under §77.007(a).
As required under Chapter
77, these proposed rules
were presented to the Shrimp
Advisory Board who unanimously
supported the proposal.
Additionally, public hearings
were held in Brownsville,
Rockport, Port Lavaca, and
Galveston prior to the January
22, 1998 Commission meeting
to solicit public comment.

The proposed new rules
were published in the October
17, 1997 issue of the Texas
Register (22 TexReg 10244).
Staff will address public
comments concerning the
proposed changes prior to
the January Commission Meeting.

II.
Recommendation: The
staff recommends the
Texas Parks and Wildlife
Commission adopt the
following motion:

Proposed
Preamble

1. Introduction.

The Texas Parks and Wildlife
Department (TPWD) proposes
new §§69.75 and
69.77 concerning Health
Certification of Native
Shellfish. The proposed
new sections are intended
to protect wild native populations
of shellfish from depletion
due to disease introduced
from cultured stocks.

Proposed new §69.75
provides definitions for
the terms "disease", "disease-free", "private
facility", "waste" and "water
in the state". Proposed
new §69.77 will require
immediate notification of
the Department and disease
testing in the event of
mortalities in cultured
native shellfish stocks
and will provide for quarantine
of pathogen-infected cultured
native shellfish.

2. Fiscal Note.

Mr. Robin Riechers, staff
economist, has determined
that during the first five
years these sections as
proposed are in effect,
there will be fiscal implications
to state government as a
result of administering
and enforcing the sections.
There will be no fiscal
implications for units of
local government.

3. Public Benefit/Cost
Note.

Those small businesses
required to institute quarantine
conditions may incur costs
associated with the establishment
and maintenance of quarantine
conditions and may incur
losses associated with the
postponement of movement
or sale of the quarantined
animals until conditions
are met enabling the removal
of the quarantine. Mr. Riechers
also determined that for
the first five years these
sections as proposed are
in effect, the public benefit
anticipated as a result
of enforcement of and compliance
with the sections will be
increased protection of
aquatic animal life from
depletion due to disease.
TPWD has not filed a local
impact statement with the
Texas Workforce Commission
as this agency has determined
that the sections as proposed
will not impact local economies.

A Takings Impact Assessment
of these rules was performed
pursuant to the requirements
of Government Code §2007.043.
The stated purpose of these
rules is to protect wild
native populations of shellfish
from depletion due to disease
introduced by cultured stocks.
Promulgation and enforcement
of these rules will not
place a burden on private
real property because they
do not restrict or limit
a right that would otherwise
exist in the absence of
the rules.

4. Request for Public Comment.

Written comments on the
proposed rules may be submitted
to Mr. Joedy Gray, Inland
Fisheries Division, Texas
Parks and Wildlife Department,
4200 Smith School Road,
Austin, Texas 78744, (512)
389-8037. Please fax comments
to (512) 389-4388. Written
comments must be received
no later than 5:00 p.m.
30 days from the date of
publication of this proposal
in the Texas Register.

5. Statutory Authority.

These sections are proposed
under the Texas Parks and
Wildlife Code, §61.052(b)
which provides the Commission
with the power to regulate
the means, methods, and
places in which it is lawful
to possess aquatic animal
life, §61.055 which
authorizes the Commission
to amend its proclamations
to prevent depletion of
aquatic animal life or at
any time it finds the facts
warrant a change, and §77.007
which authorizes the Commission
to regulate the possession
of shrimp.

§69.75. Definitions.

Disease - contagious pathogens
or injurious parasites which
may be a threat to the health
of natural populations of
aquatic organisms.

Disease-Free - a status,
based on the result of an
examination conducted by
a state-approved shellfish
disease specialist that
certifies a group of aquatic
organisms as being free
of contagious pathogens
or injurious parasites.

Private Facility - a pond,
tank, cage, or other structure
capable of holding native
shellfish in confinement
wholly within or on private
land or water or wholly
within or on permitted public
land or water.

Quarantine condition -
confinement of native shellfish
such that neither the shellfish
nor the water in which they
are or were maintained comes
into contact with other
fish or shellfish.

Waste - waste shall have
the same meaning as in Chapter
26, §26.001(5) of the
Texas Water Code.

Water in the state - water
in the state shall have
the same meaning as in Chapter
26, §26.001(6) of the
Texas Water Code.

§69.77. Health Certification
of Native Shellfish.

(a) Any person in possession
of native shellfish stocks
held on a private facility
for the purpose of aquaculture
or scientific research and
whose stocks experience
mortalities shall immediately:

(1) place all private facilities
holding such stocks under
quarantine condition;

(2) notify the department
of such mortalities;

(3) send samples of the
shellfish from the affected
portions of the private
facility to a department
approved shellfish disease
specialist for analysis.

(b) Results of the required
analyses shall be forwarded
to the department immediately
upon receipt. The private
facility, including all
infected shellfish stock,
shall be required to remain
under quarantine condition
until the department removes
the quarantine in writing
or authorizes in writing
an appropriate disposal
method based on the results
of the required analyses.

This agency hereby certifies
that the proposal has been
reviewed by legal counsel
and found to be a valid
exercise of the agency's
regulatory authority.